What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...

There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...